State Proposal AFSCME Article 6 February 8, 2010

Article 6 GRIEVANCE PROCEDURE

It is the policy of the State and Union to encourage informal discussions between supervisors and employees of employee complaints. Such discussions should be held with a view to reaching an understanding which will resolve the matter in a manner satisfactory to the employee without need for recourse to the formal grievance procedure prescribed by this Article.

SECTION 1 – Definitions As used in this Article (A) "Grievance" shall mean a dispute involving the interpretation or application of the specific provisions of this Contract. (B) "Employee" shall mean an individual employee or a group of employees having the same grievance. (C) "Days" shall mean calendar days, excluding any day observed as a holiday pursuant to Florida Statutes, or holiday observed by the Union pursuant to a list furnished the State in writing, as of the effective date of this Contract. (D) “File” or “Appeal” shall mean the receipt of a grievance by the appropriate step representative.

SECTION 2 – Election of Remedy and Representation (A) Nothing in this Article or elsewhere in this Contract shall be construed to permit the Union or an employee to process a grievance (1) on behalf of any employee without his consent, or (2) when the subject of such (employee's) grievance, is at the same time the subject of an administrative action under Section 120.569 or 120.57, Florida Statutes, or appeal before a governmental board or agency, or court proceeding, except that employees shall have the right to pursue claims of discrimination at all times. If a grievance is filed that may be processed under this Article and also under the Public Employees Relations Act, the grievant shall indicate at the time the grievance is reduced to writing which procedure is to be used as the exclusive remedy. In the case of any duplicate filing, the action first filed will be the one processed. (B) An employee who decides to use this Grievance Procedure shall indicate at the Oral Step or initial written step (if authorized by the provisions of this Article) whether or not the employee shall be represented by the Union or another representative designated by the employee. If the employee is represented by the Union or another representative any decision mutually agreed to by the State and

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Union, or the State and the employee’s designated representative shall be binding on the employee. (C) Where Union representation is authorized as provided in this Contract and is requested by an employee, the employee's representative shall be selected from the list of Stewards, Union Staff Representatives or Union Regional Directors which has been provided to the State in accordance with Article 5 of this Contract. The employee may also be represented by an attorney or other representative retained by either the Union or the employee. (1) If an employee selects a Steward to represent that employee in a grievance which has been properly filed in accordance with this Article, the Steward may be allowed a reasonable amount of time off with pay to investigate the grievance at the Oral Step and to represent the grievant at any Oral Step and Step 1 meetings which are held during regular work hours. Such time off with pay shall be subject to prior approval by the Steward's immediate supervisor; however, approval of such time off will not be withheld, if the Steward can be allowed such time off without interfering with, or unduly hampering, the operations of the unit to which the Steward is regularly assigned. The Steward's immediate supervisor will notify the grievant's supervisor prior to allowing the Steward time off to investigate the grievance. (2) Investigations will be conducted in a way that does not interfere with State operations. (3) As indicated in Article 5 of this Contract, the Steward in the same work location or the closest work location to the grievant's work location shall be selected to represent the employee. In no case shall a Steward be allowed to travel more than 25 miles from his official work location in order to investigate a grievance. The Union will make a reasonable effort to ensure that it trains a sufficient number of stewards in order to minimize any such travel. (4) A Steward who has been selected to represent an employee as provided in this Article, will be considered a required participant at the Step 1 grievance meeting. (5) An employee who files a grievance in accordance with this Article, or the designated spokesperson in a class action grievance, will be considered a required participant at the Oral Step and Step 1 grievance meetings. (D) Both the employee and the employee's representative, if any, shall be notified of the Step 1 meeting. Further, all communication concerning written grievances or their resolution shall be in writing and a copy shall be sent to both the employee and the employee's representative. (E) If the employee is not represented by the Union, any adjustment of the grievance shall be consistent with the terms of this Contract, the Union shall be given reasonable opportunity to be present at any meeting called for the resolution of the

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Date ______Date ______State Proposal AFSCME Article 6 February 8, 2010 grievance, and processing of the grievance will be in accordance with the procedures established in this Contract. The Union shall not be bound by the decision of any grievance in which the employee chose not to be represented by the Union. (F) The filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the State to take the action complained of; subject, however, to the final disposition of the grievance. (G) The resolution of a grievance prior to its submission in writing at Step 3 shall not establish a precedent binding on either the State or the Union in other cases.

SECTION 3 – Procedures (A) Employee grievances filed in accordance with this Article should be presented and handled promptly at the lowest level of supervision having the authority to adjust the grievances. (B) Once a grievance is presented filed, no new violation or issue can be raised. (C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation. (D) If a grievance meeting is held or requires reasonable travel time during the working hours of any required participant, such participant shall be excused without loss of pay for that purpose. Attendance at grievance meetings outside of regular working hours shall not be deemed time worked. (E) All grievances will be presented at the Oral Step, with the following exceptions: (1) If a grievance arises from the action of an official higher than the Step 1 Management Representative, the grievance shall be initiated at Step 2 or 3 as appropriate, by submitting filing a grievance form as set forth in Step 1 to be received by the agency representative for the step in question within 21 days following the occurrence of the event giving rise to the grievance. A grievance may be filed by facsimile, Email, personal service, or via the United States Postal Service. (2) A dispute involving the interpretation or application of a provision of this Contract which gives a right to the Union as an employee organization may be presented filed by the Union as a grievance. Such grievance shall be initiated at Step 3 of this procedure, in accordance with the provisions set forth therein, and received by the Office Manager for the Office of the General Counsel, Department of Management Services, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-9050, within 21 days of the occurrence of the event giving rise to the grievance. (F) Any employee who has not attained permanent status in the Career Service his or her position can only bring non-discipline grievances to Step 3 as

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Date ______Date ______State Proposal AFSCME Article 6 February 8, 2010 provided for in this Article. (G) Grievances shall be presented and adjusted in the following manner, and no one individual may respond to a grievance at more than one written step. In the event a grievance is not answered in a timely manner at the preceding step, the State agrees not to remand the grievance for the purpose of obtaining the answer without the mutual agreement of the Union or the employee’s designated representative, if any. (1) Oral Discussion (a) An employee having a grievance may, within 21 days following the occurrence of the event giving rise to the grievance, present the grievance orally to his or her immediate supervisor. The immediate supervisor shall make every effort to resolve the grievance at the Oral Step, including meeting to discuss the grievance if such meeting is requested by the employee or the employee's representative or if a meeting is deemed necessary by the supervisor. The supervisor shall communicate a decision to the employee and the employee's representative, if any, to be received within 14 days following the date the grievance is received at the Oral Step. (b) If the grievance is not resolved by such informal discussion, the employee may, within 21 days after receipt of the a timely decision at the Oral Step, submit file a formal grievance at Step 1 of this procedure. (c) Failure to communicate the decision in a timely manner to be received within the specified time limit shall permit the employee, or the Union, or other designated employee representative where appropriate, to proceed to the next step. (d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits. (2) STEP 1 (a) In filing a grievance at Step 1, tThe employee or the designated employee representative shall submit to file a written grievance with the Step 1 Management Representative to be received within 21 days following the occurrence of the event giving rise to the grievance on a grievance form furnished by the Union setting forth specifically the complete facts on which the grievance is based, the specific provisions or provision of the Contract allegedly violated, and the relief requested. A grievance may be filed by facsimile, Email, personal service, or via the United States Postal Service. All written documents to be considered by the Step 1 Management Representative shall be submitted with the grievance form.; however, if additional written documentation is obtained after the grievance is filed, such documentation may be presented at the Step 1 meeting.

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(b) The Step 1 Management Representative or his designated representative shall have a meeting to discuss the grievance and shall communicate a decision in writing to the employee and the employee's representative, if any, to be received within 14 days following the date the grievance is received at Step 1. (c) Failure to communicate the decision in a timely manner to be received within the specified time limit shall permit the employee, or the Union, or other designated employee representative where appropriate, to proceed to the next step. (d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits. (3) STEP 2 (a) If the grievance is not resolved at Step 1, the employee or the employee's representative may submit it in writing to file a written grievance with the Agency Head or his designated representative to be received within 21 days after receipt of the decision at Step 1. , provided the Step 1 decision is received on or before the last valid due date. The grievance may be filed by facsimile, Email, personal service, or via the United States Postal Service. The grievance shall include a copy of the grievance form submitted at Step 1 and a copy of the Step 1 response, together with all written documents in support of the grievance. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above. (b) The Agency Head or his designated representative may have a meeting with the employee and/or the designated Union Staff Representative to discuss the grievance. The Agency Head or his designated representative shall communicate a decision in writing to be received by the employee within 21 days following receipt of the written grievance. (c) Failure to communicate the decision in a timely manner to be received within the specified time limit shall permit the employee, or the Union, or other designated employee representative where appropriate, to proceed to the next step. (d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits. (4) STEP 3 (a) If the grievance is not resolved at Step 2, the Union President or the designated member of the Union President's staff, or the employee or

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Date ______Date ______State Proposal AFSCME Article 6 February 8, 2010 designated employee representative if not represented by the Union, may appeal the Step 2 decision, in writing, by filing a written grievance to the Chief Negotiator Office Manager for the Office of the General Counsel of the Department of Management Services, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-9050 to be received within 21 days after receipt of the decision at Step 2., provided the Step 2 decision is received on or before the last valid due date. The grievance may be filed by facsimile, Email, personal service, or via the United States Postal Service.The grievance shall be filed on a grievance form furnished by the Union setting forth specifically the complete facts on which the grievance is based, the specific provisions or provision of the Contract allegedly violated, and the relief requested, and shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The Chief Negotiator designated representative of the Department of Management Services or designated representative may have a meeting with the Union President or the designated member of the Union President's staff, the employee, or the designated employee representative if not represented by the union to discuss the grievance. When the grievance is eligible for initiation at Step 3, the grievance form must contain the same information as a grievance filed at Step 1, above. (b) The Chief Negotiator designated representative of the Department of Management Services or designated representative shall communicate a decision in writing to the employee and the Union President or the designated member of the Union President's staff if the employee is represented by the union, or to the employee or the designated employee representative, to be received within 21 days following receipt of the written grievance. The employee’s representative is responsible for providing a copy of the Step 3 decision to the employee. (c) Failure to communicate the decision to be received within the specified time limit shall permit the employee, or the Union, or other designated employee representative where appropriate, to proceed to the next step. (d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits. (5) ARBITRATION (a) If the grievance is not resolved at Step 3, the Union President or the designated member of the Union President's staff, or the employee or the designated employee representative may appeal the Step 3 decision to Arbitration in writing by filing a written appeal to arbitration with the Arbitration Coordinator, Office of the General Counsel for the Department of Management Services, 4050 Esplanade

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Way, Suite 160, Tallahassee, Florida 32399-9050 to be received within 45 days after receipt of the decision at Step 3., provided the Step 3 decision is received on or before the last valid due date. The appeal to arbitration shall identify the Union representative, if any, responsible for the grievance at the Arbitration level and shall include a copy of the Step 3 decision. If, at the initial written step, the employee did not elect Union representation, or the Union refused to represent the employee because the employee was not a dues-paying member of the Union, the employee may appeal the grievance to Arbitration or may designate another representative to appeal the Step 3 decision to arbitration on their behalf. (b) The parties may by mutual agreement in writing submit file related grievances for hearing before the same arbitrator. (c) The arbitrator shall be one person from a panel of permanent arbitrators, mutually selected by the State and the Union to serve in rotation for any case or cases submitted. The Department of Management Services shall facilitate the scheduling of all arbitration hearings and shall contact the next arbitrator in the agreed rotation and coordinate the arbitration hearing time and date on the request of either party. (d) Arbitration hearings shall be held at times and locations mutually agreed to by the parties, taking into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If mutual agreement cannot be reached, the arbitration hearing shall be held in the City of Tallahassee. (e) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Contract, shall be final and binding on the State, the Union, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations: 1. The arbitrator shall issue his decision not later 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later. 2. The arbitrator's decision shall be in writing, and shall set forth the arbitrator's opinion and conclusions on the precise issue(s) submitted. 3. The arbitrator shall have no authority to determine any other issue, and the arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted. 4. The arbitrator shall conform his award to the limitations imposed by Section 447.401, Florida Statutes, and specifically shall not have the power to add to, subtract from, modify, or alter the terms of this Contract. 5. The arbitrator's award may include back pay to the

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Date ______Date ______State Proposal AFSCME Article 6 February 8, 2010 grievant(s); however, the following limitations shall apply to such monetary awards: a. No award for back pay shall exceed the amount of pay the employee would otherwise have earned at his regular rate of pay and such back pay shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the grievance under consideration and in no event more than the time limits permitted for initiation of the grievance. b. The award shall not exceed the actual loss to the grievant and will not include punitive damages. (f) The fees and expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. (g) The Union will not be responsible for costs of an arbitration to which it was not a party.

SECTION 4 – Time Limits (A) Failure to initiate, file or appeal a grievance within the time limits specified shall be deemed a waiver of the grievance. (B) Failure at any step of this procedure to communicate the decision on a grievance to be received within the specified time limit shall permit the employee, or the Union, or the designated employee representative where appropriate, to proceed to the next step. (C) Claims of either an untimely filing or untimely appeal shall be made at the step in question.

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